GOVERNMENT OF TAMIL NADU Vs. V SANTHA DEVI

JUDGEMENT

(1.) THIS writ appeal is filed as against the order passed in W.P.No.18397 of 1997 dated 30.6.2000. The respondents in the writ petition are the appellants.

(2.) THE respondent herein is a dealer in Kerosene with a license No.1/84-85 in the erstwhile Triplicane zone, now Chepauk Zone, and monthly allotment of kerosene was issued by the Commissioner of Civil Supplies for the distribution of the card holders under Public Distribution System. A quantity of 246 Kilo litres was allotted to the respondent for the month of May 1988. THE respondent had lifted 248 kilolitres on 31.5.1988 as against the allotment of 246 kilo litres made for the month of May 1988. THE respondent should have issued a quantity of 24 kilolitres to All India Women-s Consumer Co-operative Society for issue of Public Distribution System retail outlet as per allotment order. Instead of issuing 24 kilolitres, the respondent had supplied only 12 kilolitres and thus created unnecessary problems to 1200 card holders. Consequently, complaints were lodged. Basing on this, on the forenoon of 2.6.1988, the third appellant, i.e., the licensing authority inspected the premises of the respondent and found a shortage of 9.4 kilolitres of kerosene. THE wholesaler had not accounted for the receipt of 48 kilolitres of kerosene lifted from Hindustan Petroleum Corporation on 1.6.1988. For this irregularities, charges were framed against the respondent by the licensing authority in his proceedings dated 3.6.1988. For the same, the respondent had submitted her explanation on 7.6.1988 and the respondent was also personally heard. After the case was examined in detail, orders were passed canceling the wholesale licence by the licensing authority by proceedings No.A4/3087/88 dated 22.8.1988. As against the same, the respondent had filed the writ petition. W.P.No.11089 of 1988 was filed before this Court and the same was disposed of by an order dated 30.4.1991 stating to issue a fresh notice and to revive the case afresh after issue of fresh charges. As per the above directions, the matter was reviewed and therefore charges were framed against the respondent by proceedings dated 10.4.1992 and on receipt of the explanation from the respondent dated 18.6.1992 and after perusing the matter in detail, the licensing authority by proceedings dated 30.6.1992 passed an order forfeiting the security deposit and cancelled the whole sale licence under Clause 23(1) and 18(1) of the Tamil Nadu kerosene (Registration of Trade) Order 1973. As against this, the respondent had preferred an appeal and the same was rejected by an order dated 18.12.1992. A revision was also preferred by the respondent and the same was also rejected by the second appellant by an order dated 29.4.1993. As against the order dated 29.4.1993, the respondent had moved the Government. THE Government by an order dated 27.1.1997 issued in Government Letter (Ms.) No.15, Co-operation, Food and Consumer Protection Department imposed penalty of five times of the cost of 69.4 kilolitres of kerosene. Aggrieved against that order, the respondent had failed W.P.No.18307 of 1997 and the same was allowed. As against the same, the respondents in the writ petition have preferred this writ appeal.

(3.) FOR these reasons, we do not find any ground to interfere with the order passed by the learned single Judge. Accordingly, the writ appeal stands dismissed. No costs.